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(영문) 대구지방법원 포항지원 2013.08.09 2013고정382
사기
Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Around 1:00 on February 28, 201, the Defendant was found to have returned money to North-gu C, Posi, the domicile of the victim B (Nam, 76 years of age), and if the Defendant borrowed 4 million won, he/she would make a false payment after one month, he/she would have paid 4 million won on the day from the victim. Around 13:00 on May 31, 201, the Defendant borrowed 4 million won at a low time when he/she borrowed 2 million won since he/she had returned to the victim’s residence at around 13:00 and then borrowed 2 million won as he/she was urgently required to recover her money.

However, even if the victim borrowed money from the victim, there is no intention or ability to pay the money more than one month.

As above, the Defendant got a total of 6 million won from the victim on two occasions by making a false statement to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police protocol protocol law to B

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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